IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130000009
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the recoupment of her Officer Accession Bonus (OAB) in the amount of $4,000.00 be determined to be invalid and that the monies collected be returned to her.
2. The applicant states she transferred from the Ohio Army National Guard (OHARNG) to the US Army Reserve (USAR) in May 2011 and she has continued to serve faithfully in the USAR meeting all of her educational and service requirements. She is currently serving as the commander of the 450th Military Police (MP) Company and she believes that the portion of the bonus that was recouped should be returned to her. She has remained completely compliant with all of the requirements of the USAR and ARNG. Her bonus was paid on the basis that she serve in the Selected Reserve for 6 years, meet all medical and dental requirements, and satisfy all other standards as outlined in the written bonus agreement. She has exhausted every avenue available to her in an effort to be reimbursed for the sum in excess of $4,000.
3. The applicant provides:
* Leave and Earnings Statement (LES)
* exception to policy for recoupment of OAB packet
* email messages
CONSIDERATION OF EVIDENCE:
1. After serving in the OHARNG as an enlisted Soldier, the applicant was appointed a commissioned officer in the OHARNG on 19 August 2007.
2. The Written Agreement - OAB Addendum signed by the applicant on
19 August 2007 provided the following requirements in connection with her appointment as an officer and agreement to serve with the ARNG of the United States under the Selected Reserve Incentive Program in return for payment of a $10,000 OAB:
a. agreement to accept an appointment as an officer in the armed forces to serve in the Selected Reserve in a critical officer skill that is designated for bonus entitlement by the Chief, ARNG;
b. agreement not to accept an appointment as an officer in the Selected Reserve for the purpose of qualifying for an AGR position;
c. agreement to serve satisfactorily, as prescribed by the appropriate regulations of the ARNG, for the complete period in the Selected Reserve of the ARNG of the United States according to her written agreement and in the critical skill in which accessed, unless excused for the convenience of the government; and
d. agreement to serve in the Selected Reserve for six years, the full period of the agreement.
3. On 13 May 2011, she was separated from the ARNG and transferred to the USAR Control Group (Individual Ready Reserve (IRR)). The separation orders cite "Resignation" as the reason for the separation.
4. On 24 May she was reassigned within the USAR from the USAR Control Group to the 304th MP Battalion, Nashville, TN.
5. In connection with the processing of this case, an advisory opinion was obtained from the Department of the Army, Office of the Deputy Chief of Staff,
G-1. This office recommends disapproval of the applicant's request and indicated the following:
a. The applicant signed the OAB Addendum on 19 August 2007 acknowledging her obligation to serve satisfactorily for the complete six years period in the Selected Reserve of the ARNG.
b. Because she was transferred to the IRR in May 2013 as a result of her voluntary resignation request, she failed to complete the terms of the agreement.
c. Because she did not complete the full six years in the ARNG, the recoupment action of the unserved portion was properly initiated.
6. The advisory opinion was provided to the applicant to afford her the opportunity to reply to its contents. No response was received.
7. She provides an LES which confirms that monies are being deducted from her pay due to a debt to the government.
8. She also provides an exception to policy for recoupment of OAB packet and email messages that indicate she is requesting the exception to policy based on the fact that she is still serving in the Selected Reserve (USAR).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the recoupment of her OAB should be found to be invalid and that monies collected should be returned to her has been carefully considered.
2. The available evidence clearly shows the applicant signed an OAB Addendum agreeing to serve for a period of six years in the Selected Reserve of the Army National Guard. Evidence also shows she was separated from the ARNG prior to the completion of her six year obligation based on her voluntary resignation request.
3. Because she voluntarily failed to complete six years of service in an ARNG unit, she violated the terms and conditions of her OAB agreement. As a result, a recoupment action was properly initiated.
4. Her service in the USAR was considered; however, nowhere in her Written Agreement - OAB Addendum is shown that service in the USAR could substitute service in ARNG for the purpose of fulfilling the terms and condition of her OAB.
5. Based on the foregoing, there is no error or injustice in this case. Therefore, there is no basis to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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